...arbitrations, the modality of appointment of the arbitral tribunal, the subjects which are bound by arbitration clauses in corporate charters and bylaws and various other procedural aspects of corporate arbitrations...
Search Results for : "Arbitration Clauses"
Author: Marc Blessing* Published: December 1994 Topics: Standard and Model Arbitration Clauses Description: Here is the essence and the best advice: If you need an arbitration clause: * go and...
Drafting Arbitration Clauses – Vol. 5 No. 1-4
Author: Otto Sandrock* Published: April 2010 Jurisdiction: Europe Topics: Choice of Forum/Place of Proceedings Standard and Model Arbitration Clauses Description: I. INTRODUCTION Before parties enter into international contracts, attorneys often...
The Choice Between Forum Selection, Mediation and Arbitration Clauses: European ...
...facing challenges due to the lack of specific qualifications. CONCLUSION Drafting effective arbitration clauses is an art form, in which careful considerations should be attributed to important factors. The international...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...(ii) ensuring a level playing field in the arbitration clauses and safeguarding individuals or specific right holders, and (iii) balancing the burden of proof on the parties.[19] However, the focus...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
...is pending. Second, the issue of the interplay between arbitration clauses and shareholders’ goals increases when third-party interests are considered. Some ESG standards acknowledge that shareholders should have deference to...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...resulted in several affected parties invoking arbitration clauses. Given this background, this post aims to explore how sanctions have incapacitated the arbitration apparatus by impacting the initiation of arbitral claims...
Arbitration or Sanctions: Who Survives the Battlefield?
...a means of avoiding arbitration clauses. In India, there is a general consensus that arbitration clauses should be avoided to enforce mandatory laws, such as competition laws, which aim to...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
...would be faster than before domestic courts. [6] The validity of arbitration clauses included in the company’s bylaws and its binding effect on shareholders that purchased securities on B3 have...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...a many of the complaints raised regarding arbitral proceedings could be solved by arbitration users themselves, given that arbitration is consensual. Mr. Kaplan noted that arbitration clauses were rarely drafted...
2021 New York Arbitration Week
...rules regarding third-party notices in their arbitration rules or model arbitration clauses. Only the 2021 Swiss Rules of International Arbitration, in Article 6(4), include a rather vague opener for third-party...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
Author: Bijan Sohrabi** Published: January 1996 Topics: Maritime (Admiralty) International Institutions and Rules Description: In 1936, Congress enacted the Carriage of Goods by Sea Act (COGSA) to create uniformity in...